142 Conn. App. 213
Conn. App. Ct.2013Background
- Arbitrator reinstated grievant Leoni Spence with back pay, less one-month suspension, and issued a final warning.
- Plaintiff Burr Road Operating Co. II, LLC challenged the award in court, seeking vacatur.
- Arbitrator found no just cause for termination but some mitigating factors supported a one-month suspension and final warning.
- Grievant Spence had prior disciplinary history, including three prior warnings/behaviors related to resident care.
- Plaintiff argued reinstatement violated a dominant public policy protecting nursing home residents from abuse and requiring prompt reporting of suspected abuse.
- Court conducted de novo review on the public policy issue and vacated the award to reinstate termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the reinstatement violate public policy protecting residents from abuse? | Burr Road argues reinstatement conflicts with explicit policy. | Union contends no per se public policy prevents reinstatement given mitigating factors. | Yes; reinstatement violates public policy and must be vacated. |
| Did the arbitrator exceed authority or defer improper factors? | Burr Road asserts arbitrator misapplied policy and disregarded due process. | Union argues deference to arbitration remains unless policy clearly violated. | Not necessary to decide given public policy violation; arbitrator’s remedial decision vacated. |
Key Cases Cited
- Schoonmaker v. Cummings & Lockwood of Connecticut, P.C., 252 Conn. 416 (2000) (public policy exception permits de novo review on clear policy violations)
- State v. AFSCME Council 4, Local 387, AFL-CIO, 252 Conn. 467 (2000) (explicit dominant public policy; limited deference to award when policy is implicated)
- State v. New England Health Care Employees Union, 271 Conn. 127 (2004) (reinstatement may be inappropriate where prior conduct and public policy against abuse are at issue)
- Illinois Nurses Assn. v. Board of Trustees of University of Illinois, 318 Ill. App. 3d 519 (2001) (reinstatement of nurse with prior history may violate public policy against unsafe nursing care)